ABDUL REHMAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS writ petition is filed under Article 226 of the Constitution of India to quash the order of detention bearing No. SPL-3 (A)/psa 0196/57 dated 1-11-1996, passed by the 1st respondent the Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention), Mantralaya, Bombay, against the detenu Zahir Abbad Obaid, under section 3 (1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, (For short, the COFEPOSA Act ). The grounds of detention, provided by the detaining authority, were found in Annexure B of the detention order in detail.

(2.) THE petitioner is the brother of the detenue Zahir Abbas Obaid. On 14-4-1996, the detenue had arrived at Mumbai, Sahar International Airport by Oman Airways Flight No. WY 800 from Dubai via Muscat and he was intercepted near the conveyor belt at the arrival hall, Module I, N. T. P. T. , at the Airport, Mumbai. Since he was having an Indian passport issued at Mumbai, he had identified his baggage consisting of one Visa Zipper suitcase and one carton claimed after identification with his baggage tags along with a briefcase and one plastic bag as hand baggage. It appears that the detenue had declared on record that his baggage contained 15,000 watch movements valued at Rs. 60,000/- and various types of wrist watches numbering 2500 pieces valued at Rs. 2,00,000/ -. As the Customs officers were not satisfied within this declaration, they brought the detenue to the office of the Superintendent of Customs, Sahar Air Cargo, Preventive Wing, along with his baggage and opened it in the presence of the panchas and found 2821 pieces of wrist watches and 25000 pieces of watch movements which were recovered under the cover of the panchnama attested by the panchas and both were valued at Rs. 10,35,450/- C. I. F. and Rs. 20,70,900/- L. M. V. respectively. According to the customs authorities, they had reasoned to believe that they were smuggled into India and, as such, liable for confiscation under the Customs Act, 1962. As regards the seizure of the said carton baggage, a panchanama, as provided by the law, has been prepared. Statement of the detenue was recorded under section 108 of the Customs Act and that in which the detenu has said that he used to go to Dubai to bring the goods of the foreign marks often and sell the said goods in the market in Bombay and that, accordingly, he had been to Dubai for about twenty times prior to the said date and that on a pervious occasion, the goods, in his custody, were also confiscated by the Customs authorities at Sahar International Airport, Bombay, and duty of Rs. 31,000/- was paid by the detenu on one occasion, and on other occasions, it was also paid like that. Upon the movements of the detenu herein on the relevant date with the above background, the Customs authorities were not satisfied and consequently brought him to the office of the Superintendent of Customs, Sahar Air Cargo, Preventive Wing, and recorded the statements. Panchanama and statements recorded by them, were also furnished to the detenu. The two slips dated 18-12-1995 and 21-3-1996 recovered from the detenu, show the amount of Rs. 50,000/- and Rs. 10,000/- deposit in favour of Mrs. C. H. Ayisha w/o Mohammed Abbas from whom the detenu had borrowed money in Dubai for purchase of wrist watches. The said two slips were also produced by him with the authorities concerned. His address was given as Acharkare House, Post Paivalika, Manjeshwar Block, Kasargoda, District-Kerala, Pin : 670 322. Then, he was arrested on 14-4-1996 and produced before the learned Chief Metropolitian Magistrate, Mumbai, on the next date i. e. 15-4-1996. However, on 16-4-1996 the learned Chief Metropolitan Magistrate, Esplanade, Mumbai, granted bail to the detenu with some conditions.

(3.) ON 15-4-1996 itself, it appears that the detenu had retrocted his earlier statement dated 14-4-1996 stating that it was not voluntary. But, however, the statements from the detenu were subsequently recorded by the respondents and a show cause notice was given to the detenu on 22-8-1996.